What Happens If You’re Hit by an Uninsured Driver?

Getting into an accident is stressful enough, but finding out the other driver has no insurance adds another layer of concern. You might wonder whether your insurance will pay, how to recover your costs, or if you’ll be stuck covering everything yourself. The good news is that Canadian auto policies are designed with these situations in mind—though how you’re protected depends on your province and the coverage you carry.

This becomes especially important when you're deciding whether to rely on standard policy features or consider additional protection like optional uninsured motorist coverage. You might think about this the next time you hear about a hit-and-run or drive through a busy intersection.

What to Expect Immediately After the Accident

If you’re hit by a driver who is later found to have no insurance—or admits they don’t have any—your priority should be documenting the scene and getting medical care if needed. Report the accident to the police and your insurer as soon as possible.

Your insurer may ask for details to verify the at-fault driver’s lack of insurance, including:

A police report confirming the other driver’s status
This official documentation is often required to trigger your uninsured motorist protection.
Driver’s contact and vehicle information
Even if they’re uninsured, accurate details help your insurer begin the claims process.
Witness statements, if available
Independent accounts can support your version of events and help confirm who was at fault.

Tip: Always get a police report if possible. This helps confirm that the other driver is uninsured, which can speed up your claim process.

How Your Insurance Covers the Damage

In most provinces, uninsured automobile coverage is built into standard auto policies. This helps pay for injuries and sometimes damage to your car when the other driver is uninsured or unidentified (as in a hit-and-run).

What’s typically covered:

Medical expenses and rehabilitation
This includes emergency treatment, follow-up care, and therapy needed to recover from accident-related injuries.
Funeral costs in fatal collisions
If the accident results in death, uninsured motorist coverage often includes a benefit to cover burial or funeral services.
Compensation for pain and suffering
Some policies offer payments for long-term physical pain or emotional trauma caused by the crash.
Lost wages or earning potential
If you're unable to work temporarily—or permanently—your coverage may help replace a portion of your income.
Vehicle repairs (in some provinces)
Depending on where you live, your policy might pay to repair or replace your vehicle without needing separate collision coverage.

Damage Type	Covered by Uninsured Coverage?
Medical treatment	Yes
Lost income	Yes
Vehicle repairs	Depends on province
Pain and suffering	Yes
Deductible required	Sometimes, depending on claim type

Note: If your province doesn’t include property damage under uninsured coverage, you may need collision coverage to repair your car.

What Happens If You Don’t Have the Right Coverage

If your policy doesn’t cover vehicle damage from an uninsured driver, you’ll have to rely on:

Collision coverage, if you carry it
This optional policy helps pay for damage to your vehicle regardless of who caused the accident.
Small claims court, to sue the at-fault driver directly
Legal action is an option, but often limited by the other driver’s financial means and ability to pay.
Out-of-pocket payment, if you don’t have any coverage options
This could mean using personal savings or borrowing money to cover repairs or medical expenses.

Caution: Don’t assume your basic policy covers everything. Review your insurer’s uninsured automobile protection to understand its limits—and consider adding extra coverage if needed.

Why Preparation Matters